It was a rare occurrence for a development-friendly board, but a momentous one for the Hammock: fearing a dam-breaking precedent, the Flagler County Commission Monday unanimously rejected a proposal to rezone an acre of Hammock property along State Road A1A to more intensive commercial uses.
The commission, siding with Hammock residents, found the proposal vague in its designs for the property, at odds with the Scenic A1A overlay, and at risk of setting a precedent that would potentially damage or demolish the road’s character, not least by diminishing greater areas of native vegetation.
It was as much of a a triumph for the association, a powerful pressure group with several Hammock-protecting victories to its credit over the years, as it was a setback for the applicant and its representative, Chiumento Law, the firm that often represents developers on local projects and rarely fails to sway elected or appointed boards its way.
“We have accomplished a wonderful thing,” a mass, unsigned email circulated among association members this morning stated. “Any future land use change or zoning change will need to show what they are planning to build and probably be as respectful as Publix was when they designed their center. The passion of the Hammock residents to save the unique character of this place was very evident.”
The 1.15-acre property is a shade south of 18th Road on the west side of State Road A1A. It is designated for mixed use, with low to medium intensity and limited commercial use, allowing for–but not requiring–up to eight homes, with some space devoted to commercial uses.
The applicant wanted it rezoned to high intensity commercial, eliminating the residential component but with a corresponding, slight decrease in the allowable land to be used for high-intensity commercial (from 25,000 square feet to 20,000 square feet). At maximum intensity of commercial use, that would add nearly 17,000 daily car trips, according to the study the county presented, increasing water and sewer uses substantially.
Two factors took commissioners aback: the possibility of up to 17,000 additional car trips, and the mystery use of the property, if it were rezoned.
“No intended use is identified,” Adam Mengel, the county’s planning director, said.
The applicant is Star Car Wash LLC. The applicant’s attorney, Vincent Sullivan of Chiumento Law (no relation to the commissioner of the same name) assured commissioners that “it is not going to be a car wash.” He said the site is not large enough to accommodate a car wash, nor does it provide enough water for one, at least not now. It wouldn’t support a gas station, either, he said. The proposal would decrease the potential impact on parks or water demand, but it would increase traffic. But he wouldn’t or couldn’t say that that proposal was, and gave no indication that he knew what it would be.
“We’ve got several uses up and down A1A such as Hammock Hardware, we’ve got Hammock Wine and Cheese, we’ve got JT’s [the restaurant], we’ve got the Citgo, all right there,” Sullivan said. “All of these are consistent uses and as outlined in our initial application letter for this application, we believe we have hit the mark on many different comprehensive plan policies.”
Commission Chairman Greg Hansen wasn’t comfortable with granting the land use change, not knowing what could be built there. “That’s troublesome to me that we have now just said, yeah, go ahead,” he said, “do whatever you want to do. And so we’re at risk by not knowing why you want to change it to C-2,” the high-intensity zoning commercial designation. “How can you make statements about the impact of what you’re going to do without knowing what you’re going to do?” He called the applicant “disingenuous.”
Hansen was missing a step, or a point, that Commissioner Andy Dance filled in: even if the applicant were to say what would or would not be built, properties, once entitled through a land use change, can get sold, and the new property owner would be entitled to build whatever that owner chose, regardless of any pledges by the previous owner. In other words, it’s not the pledge that counts. It’s the land use designation. “Without a site plan, we have to assume the worst possible scenario,” Dance said. That means 6,000-plus car trips, “which again puts us in not the best position.”
Dennis Bayer, the attorney who represents the Hammock association, also noted that whenever such uses as a car wash were said not to be in the plans, there’s been a caveat: “at this time.” Meaning that when central sewer and water extends to the Hammock, as it will, that caveat may disappear. He then referred to the county’s land development code, which specifies that high-intensity uses are only appropriate in places along I-95, not the Hammock, “not in the Scenic A1A Corridor,” he said. Further, a 20,000 square foot commercial location would require 400 parking space: there just wouldn’t be any space for that.
Dennis Clark, who’s either led or coordinated Hammock community efforts to preserve the area’s character, put it bluntly: “This is speculative rezoning and sets a bad precedent,” he said. “Change like this is a big deal in the Hammock. The last look land use… change to commercial high intensity and rezoning to C-2 is probably 20 years ago for Publix and SunTrust Bank. These were seen as very desirable businesses for the area. The size was scaled appropriately and the landowner made it disappear behind the trees with help from Scenic A1A.” Some 35 types of businesses may be located on the parcel now under the low-intensity designation. “Why then when someone needs see to high intensity zoning?”
That type of zoning, Peter Wentworth said, includes used car lots and strip joints, though those businesses are prohibited by the A1A overlay. He said the applicants could petition their way around that, too. Nine others spoke, all opposing the proposal.
Just before the vote, Dance, a landscape architect, elaborated on the importance of protecting native vegetation in the coastal area–not in the abstract, but in relation to the land development code. The current zoning allows for the type of development that “can work with existing vegetation,” he said. “I think you could add tree canopy into that mix, especially with what the Hammock is, it’s a unique coastal Hammock community with specific vegetative aesthetics. That is probably the intent of this as I read it, is to preserve the unique tree characteristics and aesthetics of the Hammock. That’s achieved with something that’s low density, not necessarily high density.”
His analysis extended to the kind of businesses that can still be approved through special exception, as long as the commission examines those plans to ensure compliance.
By then, Sullivan knew to decline his opportunity to address the commission again. Procedures entitled him to answer all the comments that had been made. But he had read the room. “Good answer,” Hansen told him, when he declined.
Sullivan had sought a delay until January. County Attorney Al Hadeed said the rather large crowd that had turned up for the items would have to be heard regardless, and Commissioner Leann Pennington had made the motion to deny the application. When Hansen called for the vote, the commission did what its planning board had done (with a minor exception) before it on the items: it denied the applications unanimously in a series of four votes–four, because the intricacies of the matter involved requests to change the comprehensive plan and to rezone on two separate parcels.
Billy says
Too bad palm coast citizens cant win one of theses developmental decisions.
Kat says
I’m grateful that our voices were heard this time. The Hammock is a very special place and although we cannot stop development, we can strive to preserve its environment and character.
Richard Smith says
Well that’s a first. They said no..
The Sour Kraut says
Why can’t this happen in Palm Coast? Is seems every builder gets whatever variance/change of zoning they want.
Greg says
Hard to believe this was just not rubber stamped, as most projects are. Hammock has pull. Too bad other locations don’t have this pull to stop the excessive zoning changes to build, build, and still build more, just like Palm Coast does.
Steve says
What’s so hard to understand to any future developer’s, we don’t want it in Eastern Volusia amd certainly not in Flagler County. We don’t want it!!
Patricia says
Couldn’t agree with you more! We don’t want it! That’s why we live here. If you want high density of people, commercial buildings, tons of traffic, go live in the city. So happy you made this comment.
CELIA PUGLIESE says
Thank you! to those strong united Hammock Association Members, Attorney Dennis Bayer and Commissioner LeAnne Pennington for your motion. Finally for once county commission says NO to rezoning! Lets keep protecting our Scenic A1A Coastal Highway! 2024 is approaching and we need to elect more LeAnne’s to the FCBOCC as they weigh also very heavy in the future of all county residents whether incorporated cities or not! I know we have many meetings to attend as taxpayers and becomes overbearing but we need to start thinking about organizing in Palm Coast with a strong membership group like they have in the Hammock for better representation and not be treated as just the “same usual individuals” taking the podium 3 minutes. I missed this FCBOCC meeting immerse in “rezoning” proposed to our council and mayor affecting our neighbors in Polo West five acres equine community parcels now exposed to 50 ft’ wide lots over 200 units next door if approved. Only one voted against it was Councilwoman Pointieri, then we need to elect more Pountieri’s to our city council! She is the one really hearing our pleads and trying hard to do something about it. All county and city residents that want change and stop some or all rezoning need to run for those seats otherwise we get same of the same. Congratulations Hammock Association from this Palmcoaster!
Pat says
Yes! The HCA deserves and should be given much credit! They selflessly and tirelessly work to preserve this beautiful old world Florida charm many of us move here to enjoy! So grateful to the HCA and its tenacious members! Kudos!!! And most importantly, Thank you! You will never know or meet me, I wish to extend my sincere gratitude. HCA you’re simply the BEST!!!!
ban the GOP says
Sounds like we have some more corruption and bribery going on… protect the property values of the rich screw everyone else right?
Miami North says
That is correct.
I guess “money talks, bs walks…”
You’ll never see them swiftly deny any PC rezoning
Endangered species says
thats right the system is so corrupt it only cares about made up money. enjoy the coming collapse.
Laurel says
Ban the GOP: What the hell are you talking about? Since when is it “corruption and bribery” when people stick together and stand up for what they believe in? You clearly don’t understand the Hammock. This is not only the rich as you seem to think. Rich, or not so much rich, the people here let it be known that we want to preserve the Hammock. This is not the first time we have faced the county with our intentions. We have meetings, we have green shirts and we show up to the commission meetings. You and Miami North have no idea what y’all are talking about.
Nice to blame others for your condition, isn’t it?
Patricia says
Thank you for speaking up! HCA does amazing work! They are dedicated and we should all be lucky we have such dedication!
Sally says
Thank you Flagler County. Please tell the City of PC Mayor to stop permitting housing developments in PC.
TR says
You can tell him that all day long but he’s not going to listen. He’s a realtor and wants to let as much housing development in as possible before he’s voted out the next election.
Nephew Of Uncle Sam says
“The applicant is Star Car Wash LLC.” Yet it’s not going to be a car wash? All they have to do once rezoning is approved is transfer it to a “subsidiary” named “Star Shine Car Wash” or similar and the scam has been completed. Good job for Flagler County saying no for once to developers and their lawyers who have become accustomed to getting their way no matter what and run roughshod over the community.
Concerned Citizen says
I came out of Publix the other day. And had one of their zoning hearing flyers stuck on my car.
I don’t recall giving them permission to attach anything to my privately owned vehicle. Tacky.
Laurel says
Concerned Citizen: If you are talking about the green notification that the meeting was coming up and requesting attendance bothers you, then that explains why Palm Coast does not get the message across to the commissioners that the Hammock does. Sorry to bother you. Regardless, we will continue our fights as necessary to keep our Maritime Hammock preserved.
patricia says
Thank for the work you do!
Julia and Frank LaRue says
Thank you County Commissioners for preserving the Hammock! It is slowly being eaten away. We all need to keep the future in our thoughts. Once this unique area is over built we will not be able to recreate it.
Julia and Frank LaRue says
Also…..First and foremost, thank you all who brought this out and who came to the fight! Without our warriors we are overlooked and ignored. Job well done.
Charles says
I hope Alfin at the City of PC is reading these comments since he is guilty of over developing Palm Coast since he is a realtor and he is helping his development friends get rich.
He needs to go before he destroys the City of PC any further.
Liz says
Great job Hammock!! Perhaps the county should be a bit cautious of development as they plow down all the natural environments that we have here. Curious, do developers have to pay a fine/jail time for all the saw palmetto berris that they demolish?
Laurel says
Liz: When a developer purposely destroys the wrong tree, or vegetation, they pay a fine and call it the cost of business. They are okay with it.
Concerned Citizen says
If Palm Coast and Flagler want similar results they need to remember this.
It was a united effort. A community did more than rant and cry on Flagler Live. They got together stood their ground and one.
Imagine if the whole county did this? Not just development. But held our political leadership responsible as a whole? Our politicians get away with what they so because there is no unity. You have a school board on a witch hunt using our tax dollars. You have a Mayor in bed with the Chimentos and most developers. And you have a Sheriff getting ready to run for yet another term. After seeing multiple major issues in his agency. Yet shouldering none of the blame/responsibility.
Change starts with us.
ban the GOP says
Starts with eliminating the gop gerrmandered maps and holding them responsible for their domestic terrorism. Otherwise if you are going to protest enjoy staying at the jail and subsequent criminal record as in racist rons state its illegal to protest peacfully.
Devin Stack says
Maybe now they can crack down on the Shady Lane slumlord
Hammock man says
We don’t need any car washes or storage units over here in the hammock. I’m a resident in the hammock and love the natural beauty of it.
dave says
Out of area developers could give a rats ass about anything in this county. They don’t live here, OR in the area impacted and frankly flat don’t care what construction does to an area. IT’s all about the money. And if they can sucker a County Commissioner ( who doesn’t live in the impacted area) into following them, then they have a chance.
James says
To paraphrase Arnold Schwarzenegger… “They’ll be back.”
Just an opinion.
Laurel says
Great job, Hammock! You did it again.
What’s really sad is, if you travel around the country, development looks the same all over. Same Taco Bell, same McDonald’s, same Hardee’s, same architecture that is popular at the moment, same, same, same. Where is the uniqueness of the area? Why travel to a place that looks just like the place you left?
A few businesses came in early on, when this area was forgotten with I-95, and A1A was no longer a major route. So, we have a couple gas stations and whatnot. Then, as the area became more popular, we got a scenic overlay. A designated scenic highway, that became more difficult to build a business unless it respected the area, like Publix keeping many mature oaks, and not an ugly, blatant business right on the road. Around the same time, the (IMO) monstrosity of Hammock Dunes started being built. That was a game changer for the area. How does that represent a maritime hammock? It doesn’t. Now, the county allowed Captain’s BBQ in our Bing’s Landing public park, and they aren’t happy. They want more. Then came Bronx Pizza. How, on God’s green Earth does that represent a maritime hammock, looking like an urban New York City building?
Same, same, same.
The Dorothy Motel, made of coquina rock is gone. The coquina building that stood on the Bronx Pizza lot is gone. I’ve very glad that the coquina rock motel of Palm Coast Villas still exist, reflecting our maritime hammock. I’m glad “Mom and Pop” Hammock Hardware is still here. I’m glad our county parks are still county parks. I wish we had required more of a local genre instead of cookie cutter chain companies allowed in.
The Hammock is the Hammock, and will continue to fight against unsavory development, and protect our unique habitat. The commission knows it too.
Now, let’s supersize more control over short term rentals in our single family neighborhoods. We want neighbors, not strangers not engaged with our home areas.
Patty says
I so agree with everything you said Laurel. A couple of weeks ago, a lady whom I’d never seen before was taking pictures of my house and my neighbors homes. I asked her what she was doing and she explained that the empty lot across from my home was going to be a duplex and that the owners would rent out one side. I explained to her that this was a residential street with families living here full time. There is nothing in place in the Hammock that says you can’t rent out your home and my street is becoming a commercial investment to all of those developers and outsiders looking to make a profit. It’s been a fight for years trying to keep development out of this area and if we don’t keep our eyes open our little piece of residential paradise will become a haven for those profiteers. We will truly become a commercialized entity if we aren’t vigilant.
Patricia says
I couldn’t agree more! The natural state of the Hammock MUST be protected at all costs! Over development can go elsewhere. Thank you for letting us know whats going on. It’s important to share this information with the ALL the residents in the area, even if they don’t live in the Hammock. They enjoy the Hammock just the same don’t they? As a community, we should all be fighting big regulation and the County and developers. Otherwise, just like you said, our little piece of paradise will be paved over with a parking lot!
Laurel says
“supersize”? Spellcheck be damned. Figure it out.
Rodriguez says
Hi ,everyone, I just want to make a few comments: In the first place ,we are having, builders making more homes all over the play,but nothing as putting more street lights ( on the side streets) at night time,it’s not the first time ,that someone gets hurt,because a dear pass by& childres riding their bikes,second, not transportation for seniors on for other that they don’t drive or own a car,& 3rd, we need stores ,banks,parks, close to some seccions as L by example, there’s only one dollar General, & that’s it,we they people in the city hall ,or other people in charge, could do more ,like development a small mall where people have more access, nothing,only increase our property taxes every year,water, & continues building more & more homes!
T says
Only the rich win but in Palm coast its hell I’m ready to move it use to be OK here years ago now our council is a joke they are cons
Laurel says
T: Enjoy your victim-hood. The Hammock is a mixture of people. We are not all “rich,” but we are all fighters and the commissioners are well aware of that, as they should be.
Hammock Huck says
It’s truly shameful that Chiumento is behind this proposal. The Chiumento name is a longtime Flagler county family, so why the interest in destroying this rare beachside area with more unnecessary development? It’s greed and money, that’s why.